Texas 2023 - 88th Regular

Texas Senate Bill SB1822

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the confidentiality of residential eviction case information.

Impact

If enacted, SB1822 would significantly alter the handling of eviction records, ensuring that sensitive information is shielded from public access under specified conditions. The bill would allow defendants to petition for the confidentiality of their eviction case records five years after a judgment or dismissal. Consequently, this change could impact landlords and tenant screening processes as eviction cases would not be disclosed or considered in tenant evaluations, potentially making it harder for landlords to assess prospective tenants based on their rental history.

Summary

SB1822 aims to enhance the confidentiality of residential eviction case information by amending Chapter 24 of the Property Code. Specifically, the bill mandates that courts shall enter an order to make eviction case information pertaining to a defendant confidential under certain circumstances, such as when a judgment is entered in favor of the defendant or when the case is dismissed without relief granted to the plaintiff. This legislative change is intended to protect the privacy of individuals involved in eviction cases, thereby reducing potential stigma associated with eviction proceedings.

Sentiment

The general sentiment surrounding SB1822 appears to vary among stakeholders. Proponents argue that the bill is a positive step toward protecting tenants' rights and dignity, particularly for those who have faced unjust eviction processes. They contend that maintaining confidentiality can aid in creating a more equitable rental market. Conversely, opponents may raise concerns about the practical implications of shielding eviction records, citing potential challenges for landlords who require full transparency regarding a tenant's history, thereby suggesting a need for balance between tenant privacy and landlord rights.

Contention

Notable points of contention regarding SB1822 include the broader implications for landlord-tenant relationships. Critics may argue that making eviction cases confidential could reduce accountability for tenants and complicate the rental process for landlords. Furthermore, the bill's stipulations on confidentiality might result in complications for credit reporting agencies and tenant screening companies that depend on public records to inform their assessments. Hence, the bill raises significant discussions about the trade-offs between tenant privacy and the need for landlords to access crucial information to make informed leasing decisions.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 24. Forcible Entry And Detainer
    • Section: New Section

Companion Bills

TX HB511

Identical Relating to the confidentiality of residential eviction case information.

Similar Bills

No similar bills found.